I have a dispute with the landlord, although my deposit was never protected | The Tenants' Voice
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I have a dispute with the landlord, although my deposit was never protected

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170 views 1 replies latest reply: 06 March 2017
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Tenant

Hi,

Here’s my current situation:

I am moving out of a property today, and the landlord has requested I pay for a new side panel for the bath tub due to it being damaged by water leaking onto it over time. FYI, the seal beneath the shower panel was not water tight the day I moved in, which is why water was able to escape onto the side panel when showering.

I have also discovered that my deposit was never protected even though I requested via email for it to be protected a few days after I moved in.

  • The start date of my written tenancy agreement was 2nd May 2015
  • The end date of my written tenency agreement was 31st January 2017
  • I have paid my last rent and handed in my 30 days notice to which my moving out date is 28th February 2017
  • My deposit was not protected within 30 days of my move in date even after my request a few days later
  • It still is not protected (I have checked with all 3 Deposit Protection Schemes and they have no record)

In light of this information, I have a few questions:

1) How will the current dispute concerning the side panel for the bath tub affect my deposit?

2) Can the landlord make deductions if my deposit was never protected?

3) What happens if the landlord decides to protect the deposit in the next few days after I have left the property?

Your advice is greatly appreciated.

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Tenant

Hello, 

Before answering your questions, I must tell you that because of the following: 

  • My deposit was not protected within 30 days of my move in date even after my request a few days later
  • It still is not protected (I have checked with all 3 Deposit Protection Schemes and they have no record)

You’re entitled to compensation of between 1x – 3x the amount of your deposit. The regulations are very strict about landlords protecting their tenant’s deposits, so the case will automatically award you compensation with the amount dependent on the situation around the deposit. Given that you have asked the landlord to protect your deposit when you moved in, the landlord has been knowingly negligent about the law and may only increase the odds of bigger compensation. 

This doesn’t mean that your original deposit vanishes, the court may still rule for it to be protected, but having that your tenancy has ended, they will likely regulate the split outright with the compensation. 

Please download our free guide for more information on the above – http://www.thetenantsvoice.co.uk/letter-templates/request-tenancy-deposit-protection

On to your questions: 

1) If you have reported the faulty seal to the landlord, it becomes their responsibility to change it and thus any damage resulting from not replacing the seal becomes their fault. 

If you never reported the problem, it’s possible for them to charge you on the account that they COULD have done the repairs if you have notified them. 

2) Yes. But they are likely going to happen through the courts as you should dispute the unprotected deposit immediately.

3) They have still failed the deposit protection procedure, as it commands for it to happen in the first 30 days of you paying the deposit. Also, it will allow you to dispute the deductions using the free ADR process provided by the scheme. 

We also have a downloadable guide for this, so please feel free to check it out for more information – http://www.thetenantsvoice.co.uk/letter-templates/request-deposit-back-negotiate-disputes

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